UNOFFICIAL COPY 24 RS HB 162/EN Page 1 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed AN ACT relating to mathematics education and making an appropriation therefor. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1. KRS 158.791 is amended to read as follows: 3 (1) The General Assembly hereby finds that: 4 (a) Reading proficiency is a gateway skill necessary for all of Kentucky students 5 to achieve the academic goals established in KRS 158.6451. It is Kentucky's 6 goal that all children learn to read well before exiting grade three (3) and that 7 all middle and high school students have the skills necessary to read complex 8 materials in specific core subjects and comprehend and constructively apply 9 the information; and 10 (b) Mathematics proficiency is essential for all Kentucky students to achieve the 11 academic goals established in KRS 158.6451. It is Kentucky's goal that all 12 children have the skills necessary to demonstrate procedural skill and 13 fluency, building from conceptual understanding to application, in order to 14 solve real-world problems. 15 (2) It is the intent of the General Assembly that: 16 (a) Every elementary school: 17 1. Provide comprehensive schoolwide reading and mathematics 18 instruction aligned to reading, [and ]writing, and mathematics standards 19 required by KRS 158.6453 and outlined in administrative regulation 20 promulgated by the Kentucky Board of Education; 21 2. Provide a multitiered system of supports, as set forth in and required by 22 KRS 158.305, to support and engage all students in learning to read at 23 the proficient level, meaning a level that reflects developmentally 24 appropriate grade-level performance, by the end of grade three (3); 25 3. Provide a multitiered system of supports, as set forth in Section 4 of 26 this Act, to support and engage all students in learning to apply 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 2 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed mathematical content and practices at a proficient level, meaning a 1 level that reflects developmentally appropriate grade-level 2 performance, by the end of grade five (5); 3 4. Ensure quality instruction for reading and mathematics by highly 4 trained teachers and intervention by individuals most qualified to 5 provide the intervention; and 6 5.[4.] Provide high quality library media programs; 7 (b) Every middle and high school: 8 1. Provide direct, explicit instruction to students lacking skills in how to 9 read, learn, and analyze information in key subjects, including language, 10 reading, English, mathematics, science, social studies, arts and 11 humanities, practical living skills, and career studies;[ and] 12 2. Ensure that teachers have the skills to help all students develop critical 13 content knowledge, strategies, and skills for subject-based reading and 14 grade-level appropriate mathematics; 15 3. Provide a multitiered system of supports to support and engage all 16 students in learning to apply mathematical content and practices at a 17 proficient level; and 18 4. Ensure all students routinely have opportunities to experience high-19 quality mathematics instruction, learn challenging, grade-level 20 appropriate mathematics content and practices, and receive the 21 necessary support to make progress toward proficiency; 22 (c) The Kentucky Department of Education shall provide technical assistance to 23 local school districts in the identification of high-quality professional 24 development[ activities], including teaching strategies to help teachers in each 25 subject area to: 26 1. Implement evidence-based reading, intervention, and instructional 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 3 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed strategies that emphasize phonemic awareness, phonics, fluency, 1 vocabulary, comprehension, and connections between reading and 2 writing acquisition, and motivation to read to address the diverse needs 3 of students; 4 2. Implement evidence-based mathematics instruction, intervention, and 5 instructional strategies that emphasize algebraic reasoning, 6 conceptual understanding, procedural skill and fluency, geometry, 7 data and measurement, statistics and probability, number sense, place 8 value understanding, spatial reasoning, and subitizing for 9 multiplicative reasoning; 10 3. Identify and teach the grade-level content, practices, and skills that 11 students need to comprehend the concepts and content of each subject 12 area; and 13 4.[3.] Use learning experiences[activities] and high-quality instructional 14 materials that will help the students comprehend, meet grade-level 15 expectations, and constructively apply information based on the unique 16 content of each subject area; 17 (d) The Education Professional Standards Board shall review and revise when 18 deemed necessary the teacher certification and licensure requirements to 19 ensure that all teachers, regardless of the subject area taught, are prepared to 20 improve students' subject reading and mathematics skills; and 21 (e) The department shall collaborate with relevant groups for the purpose of 22 increasing student outcomes in literacy and mathematics[the Department for 23 Libraries and Archives, the Governor's Office of Early Childhood, and 24 Kentucky Educational Television to establish and maintain a partnership to 25 support the use of high-quality, evidence-based year-round programming, 26 materials, and activities for elementary-aged children in the areas of reading]. 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 4 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed Section 2. KRS 158.840 (Effective July 1, 2024) is amended to read as follows: 1 (1) The General Assembly hereby finds that reading and mathematics proficiency are 2 gateway skills necessary for all Kentucky students to achieve the academic goals 3 established in KRS 158.6451. It is the General Assembly's intent that: 4 (a) All students in kindergarten through grade three (3) having difficulty in 5 reading and mathematics receive early diagnosis and intervention services 6 from highly trained teachers; 7 (b) All students in kindergarten through grade three (3) needing to make 8 accelerated progress toward proficiency in mathematics based on data from 9 valid and reliable universal screening and diagnostic assessments receive 10 high-quality, evidence-based mathematics instruction and intervention 11 aligned to the Kentucky academic standards for mathematics; 12 (c) All students demonstrate proficiency in reading and mathematics as they 13 progress through the relevant curricula and complete each assessment level 14 required by the Kentucky Board of Education for the state assessment 15 program established under KRS 158.6453 and in compliance with the 16 requirements of the federal Every Student Succeeds Act of 2015, Pub. L. No. 17 114-95, or its successor; and 18 (d)[(c)] Students who are struggling in reading and mathematics or are not at the 19 proficient level on statewide assessments shall be provided evidence-based 20 and developmentally appropriate diagnostic and intervention services, and 21 instructional modifications necessary to learn. 22 The General Assembly, the Kentucky Board of Education, the Kentucky 23 Department of Education, the Council on Postsecondary Education, colleges and 24 universities, local boards of education, school administrators, school councils, 25 teachers, parents and families, and other educational entities, such as the Education 26 Professional Standards Board, P-16 councils, the statewide reading research center 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 5 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed established under KRS 164.0207, and the Center for Middle School Academic 1 Achievement must collaborate if the intentions specified in this subsection are to be 2 met. Intensive focus on student achievement in reading and mathematics does not 3 negate the responsibility of any entity to help students obtain proficiency in other 4 core curriculum content areas. 5 (2) The General Assembly's role is to set policies that address the achievement levels of 6 all students and provide resources for the professional growth of teachers and 7 administrators, assessing students' academic achievement, including valid and 8 reliable universal screening and diagnostic assessment and instructional 9 interventions, technology innovations, targeted reading and mathematics statewide 10 initiatives, research and the distribution of research findings, services for students 11 beyond the regular school day, and other services needed to help struggling 12 learners. 13 (3) The Kentucky Board of Education shall regularly review and modify, when 14 appropriate, its statewide assessment policies and practices to enable local school 15 districts and schools to carry out the provisions of the statewide assessment and 16 accountability system, required under KRS 158.6453 to improve student 17 achievement in mathematics and reading. 18 (4) The Kentucky Department of Education shall: 19 (a) Provide assistance to schools and teachers, including publicizing professional 20 development opportunities, methods of measuring effective professional 21 development, the availability of high quality instructional materials, and 22 developmentally appropriate, valid, and reliable screening and diagnostic 23 assessments of student competency in mathematics and reading. The 24 department shall provide access to samples of units of study, annotated 25 student work, diagnostic instruments, and research findings, and give 26 guidance on parental engagement; 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 6 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed (b) Work with state and national educators and subject-matter experts to identify 1 student reading and mathematical skills in each subject area that align with 2 the state content standards adopted under KRS 158.6453 and identify teaching 3 strategies in each subject area that can be used explicitly to develop the 4 identified reading and mathematical skills under this paragraph; 5 (c) Encourage the development of comprehensive middle and high school 6 adolescent reading and mathematics plans to be incorporated into the 7 curricula of each subject area to improve the reading comprehension and 8 mathematical skills of all students; 9 (d) Conduct an annual review of the state grant programs it manages and make 10 recommendations, when needed, to the Interim Joint Committee on Education 11 for changes to statutory requirements that are necessary to gain a greater 12 return on investment; 13 (e) Provide administrative support and oversight to programs to train classroom 14 coaches and mentors to help teachers with reading and mathematics 15 instruction; and 16 (f) Require no reporting of instructional plans, formative assessment results, staff 17 effectiveness processes, or interventions implemented in the classroom, 18 except for: 19 1. Interventions implemented under KRS 158.305(2) and Section 4 of this 20 Act; 21 2. Funds provided under KRS 158.792 or 158.844; or 22 3. Schools that are identified for comprehensive support and improvement 23 and fail to exit comprehensive support and improvement status after 24 three (3) consecutive years of implementing the turnaround intervention 25 process as described in KRS 160.346. 26 (5) The Council on Postsecondary Education, in cooperation with the Education 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 7 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed Professional Standards Board, shall exercise its duties and functions under KRS 1 164.020 to ensure that teacher education programs are fulfilling the needs of 2 Kentucky for highly skilled teachers. The council shall: 3 (a) Coordinate the federal and state grant programs it administers with other 4 statewide initiatives relating to improving student achievement in reading and 5 mathematics to avoid duplication of effort and to make efficient use of 6 resources; 7 (b) No later than November 1 of each year, submit an annual[a] report to the 8 Legislative Research Commission for referral to the Interim Joint Committee 9 on Education and the Interim Joint Committee on Appropriations and 10 Revenue,[ no later than November 1 of each year] summarizing the 11 compliance of each teacher preparation program for alignment 12 to[Interdisciplinary] early childhood education or elementary regular 13 education standards and to the instructional requirements set forth in KRS 14 164.306(1) and Section 7 of this Act; and 15 (c) Require that[Regularly report program data to] an external evaluator 16 provide[for] an annual analysis of the ability[progress] of teacher preparation 17 programs to properly train and equip teacher preparation program students 18 with the literacy and mathematics content knowledge and skills to educate 19 students in kindergarten through grade three (3)[for interdisciplinary early 20 childhood education and elementary regular education to increase the success 21 of new teacher candidates in demonstrating reading instruction knowledge 22 and skills]. 23 (6) The Education Professional Standards Board shall exercise its duties and 24 responsibilities under KRS 161.030 and 161.048 to ensure highly qualified 25 teachers. 26 (7) Colleges and universities shall: 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 8 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed (a) Utilize institution-wide resources to work with elementary and secondary 1 educators and other entities to align curriculum content to ensure that students 2 who achieve proficiency on standards established at the prekindergarten 3 through secondary levels will require no remediation to successfully enter a 4 postsecondary education program; 5 (b) Provide quality undergraduate teacher preparation programs to ensure that 6 those preparing to teach reading or mathematics at all grade levels have the 7 necessary content knowledge, assessment and diagnostic skills, and teaching 8 methodologies and that teachers in all subject areas have the requisite skills 9 for helping students at all grade levels develop critical strategies and skills for 10 reading and comprehending subject matter; 11 (c) Deliver evidence-based[appropriate] continuing education for teachers in 12 reading and mathematics through institutes, graduate level courses, and other 13 professional development activities that support a statewide agenda for 14 improving student achievement in reading and mathematics; 15 (d) Conduct or assist with research on best practices in assessment, intervention 16 strategies, teaching methodologies, costs and effectiveness of instructional 17 models, and other factors as appropriate to reading and mathematics; 18 (e) Provide staff to consult and provide technical assistance to teachers, staff, and 19 administrators at elementary, middle, and secondary school sites; 20 (f) Assume active roles in the statewide initiatives referenced in KRS 156.553 21 and 158.842; and 22 (g) Develop written procedures for measuring the effectiveness of activities 23 outlined in paragraphs (a) to (f)[(e)] of this subsection. 24 (8) School councils at all school levels are encouraged to identify and allocate 25 resources to qualified teachers to become coaches or mentors in mathematics or 26 coaches or mentors in reading with a focus on improving student achievement in 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 9 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed their respective schools. 1 (9) Local school boards and superintendents shall provide local resources[, whenever 2 possible,] to supplement or match state and federal resources to support teachers, 3 school administrators, and school councils in helping students achieve proficiency 4 in reading and mathematics. 5 (10) Local school superintendents shall provide leadership and resources to the 6 principals of all schools to facilitate curriculum alignment, communications, and 7 technical support among schools to ensure that students are academically prepared 8 to move to the next level of schooling. 9 SECTION 3. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 10 BE NUMBERED AS KRS 158.8401 AND TO READ AS FOLLOWS: 11 As used in KRS 158.840 to 158.844: 12 (1) "Conceptual understanding" means connecting prior knowledge to new ideas 13 and concepts, and making sense of why a mathematical idea is important and the 14 kinds of contexts in which it is useful; 15 (2) "Diagnostic assessment" means a testing instrument that assesses a student's 16 current knowledge base of academic content; 17 (3) "Dyscalculia" has the same meaning as in KRS 158.305; 18 (4) "Enrichment program" means accelerated intervention within the school day or 19 outside of the school day or school calendar, led by individuals most qualified to 20 provide the intervention and specifically determined to address the individual 21 learning needs of students based on universal screening and diagnostics 22 assessments in mathematics; 23 (5) "Evidence-based" has the same meaning as in 20 U.S.C. sec. 7801(21); 24 (6) "Mathematics" means the curriculum of numbers and computations, geometry 25 and measurements, probability and statistics, and algebraic ideas; 26 (7) "Mathematics coach" means a mathematics leader whose primary responsibility 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 10 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed is to provide ongoing support for one (1) or more mathematics teachers. The role 1 of the coach is to improve mathematics teaching practices by working with 2 teachers in their classrooms, observing and providing feedback to them, modeling 3 appropriate teaching practices, conducting workshops or institutes, establishing 4 learning communities, and gathering appropriate and useful resources; 5 (8) "Mathematics diagnostic assessment" means an assessment that identifies a 6 student at risk of failure in mathematics or a student with major deficits in 7 numeracy and other mathematical concepts and skills; 8 (9) "Mathematics improvement plan" means an accelerated intervention plan for a 9 student in grade kindergarten through grade three (3) that is developed to 10 increase a student's rate of progress toward proficient performance in 11 mathematics that is identified as necessary based on the student's results on an 12 approved mathematics diagnostic assessment; 13 (10) "Mathematics improvement team" means a team that develops and oversees the 14 progress of a mathematics improvement plan and includes: 15 (a) The parents or guardians of the student that is the subject of the 16 mathematics improvement plan; 17 (b) No less than one (1) regular education teacher of the student, to provide 18 information about the general curriculum for same-aged peers; 19 (c) A representative of the local education agency who is knowledgeable about 20 the mathematics curriculum and the availability of the evidence-based 21 mathematics resources of the local education agency; and 22 (d) Any specialized certified school employees, including but not limited to 23 mathematics teachers, specialists, or coaches, for students receiving 24 mathematics instruction educational programming or special education 25 services; 26 (11) "Mathematics intervention program" means an intensive instructional program 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 11 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed that is based on valid research and is provided by a highly trained teacher to 1 specifically meet individual students' needs; 2 (12) "Multitiered system of supports" means a systemic, continuous improvement 3 framework in which evidence-based problem-solving and decision making is 4 practiced across all levels of the educational system for supporting students. The 5 framework of MTSS utilizes high quality evidence-based instruction, 6 intervention, and assessment practices to ensure that every student receives the 7 appropriate level of support to be successful. A multitiered system of supports 8 helps schools and districts to organize resources through alignment of academic 9 standards, implemented with fidelity and sustained over time, in order to 10 accelerate the performance of every student to achieve and exceed proficiency; 11 (13) "Number sense" means the ability to represent whole and rational numbers in 12 multiple ways, numerical magnitude estimation, selecting and using benchmarks 13 such as tens or hundreds, decomposing and recomposing numbers, 14 understanding the effects of operations on numbers, and performing mental 15 calculation and estimation; 16 (14) "Numeracy" means the development of the basic concepts which include 17 counting, place value, addition and subtraction strategies, multiplication and 18 division strategies, and the concepts of time, money, and length; 19 (15) "Place value understanding" means the understanding of representations and 20 concepts necessary to successfully process multi-digit numbers; 21 (16) "Spatial reasoning" means the capacity to mentally generate, transform, and 22 rotate a visual image and thus understand and recall spatial relationships 23 between objects; 24 (17) "Subitizing" means quickly recognizing and naming how many objects are in a 25 group without counting; and 26 (18) "Universal screener" means a process of providing a brief assessment to all 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 12 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed students within a grade level to assess the students' performance in mathematical 1 content and practices. 2 SECTION 4. A NEW SECTION OF KRS 158.840 TO 158.844 IS CREATED 3 TO READ AS FOLLOWS: 4 (1) Notwithstanding any other statute or administrative regulation to the contrary, 5 the Kentucky Board of Education shall promulgate administrative regulations in 6 accordance with KRS Chapter 13A to define and establish a multitiered system of 7 supports that shall include evidence-based mathematics instruction, intervention, 8 and instructional strategies for district-wide use for students in kindergarten 9 through grade three (3). 10 (2) By November 1, 2027, and each year thereafter, the department shall submit the 11 implementation status of the multitiered system of supports required pursuant to 12 subsection (1) of this section for all school districts to the Legislative Research 13 Commission for referral to the Interim Joint Committee on Education. 14 (3) The department shall provide technical assistance and training to local districts to 15 assist in the implementation of the district-wide, multitiered system of supports as 16 a means to identify and assist any student experiencing difficulty in mathematics. 17 (4) The technical assistance and training shall be designed to improve: 18 (a) The use of specific screening processes and diagnostic assessments to 19 identify student strengths and needs; 20 (b) The use of universal screening and diagnostic data for implementing 21 instruction and intervention, as needed; 22 (c) The use of valid and reliable evidence-based instructional strategies and 23 interventions for mathematics education; 24 (d) Progress monitoring of student performance; and 25 (e) Accelerated, intensive, direct instruction that addresses students' individual 26 differences, including advanced learners, and enables students that are 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 13 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed experiencing difficulty to catch up with typically performing peers. 1 (5) (a) By January 1, 2026, each superintendent or public charter school board of 2 directors shall select: 3 1. At least one (1) universal screener for mathematics that is determined 4 by the department to be valid and reliable to be administered to all 5 students in kindergarten through grade three (3); and 6 2. At least one (1) diagnostic assessment for mathematics that is 7 determined by the department to be reliable and valid to be 8 administered as part of a multitiered system of supports for students in 9 kindergarten through grade three (3). 10 (b) Each superintendent or public charter school board of directors shall adopt 11 an evidence-based curriculum along with high-quality instructional 12 resources for mathematics that is determined by the department to be 13 reliable, valid, and aligned to Kentucky academic standards for 14 mathematics required by KRS 158.6453 for kindergarten through grade 15 three (3). 16 (c) All teachers of students in kindergarten through grade three (3), including 17 public charter school teachers, shall be trained on any mathematics 18 universal screener and diagnostic assessment selected by the superintendent 19 or public charter school board prior to administration of the assessment. 20 The training shall address: 21 1. How to properly administer the mathematics universal screener and 22 diagnostic assessment; 23 2. How to interpret the results of the mathematics universal screener and 24 diagnostic assessment to identify students needing interventions; 25 3. How to use the assessment results to design instruction and 26 interventions; 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 14 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed 4. The use of the assessment to monitor the progress of student 1 performance; and 2 5. The use of accelerated, intensive, and direct instruction that addresses 3 students' individual differences and enables students to achieve 4 proficiency in mathematics, including but not limited to daily, one-on-5 one instruction. 6 (6) Beginning with the 2026-2027 school year, a universal screener determined by 7 the department to be valid and reliable shall be given in the first thirty (30) 8 calendar days of the school year to each student in kindergarten through grade 9 three (3) at a public school or public charter school. 10 (7) Those students determined to be at risk for not meeting grade-level benchmarks 11 in mathematics for kindergarten through grade three (3) based on the universal 12 screener shall be given a mathematics diagnostic assessment determined by the 13 department to be valid and reliable to identify the individual student deficits in 14 numeracy and other mathematical content and practices as listed in subsection 15 (1) of this section in the first forty-five (45) calendar days of the school year. 16 (8) A mathematics improvement plan shall be developed and implemented in the first 17 sixty (60) calendar days of the school year by a mathematics improvement team 18 for any student in kindergarten through grade three (3) identified as needing 19 accelerated interventions to progress toward proficient performance in 20 mathematics. The mathematics improvement plan shall require: 21 (a) Intensive intervention that includes effective instructional strategies and 22 high-quality instructional resources necessary to help the student make 23 accelerated progress toward proficient performance in mathematics and 24 become ready for the next grade, including but not limited to daily, one-on-25 one instruction with students the most in need provided by certified teachers 26 specifically trained and most qualified to provide one-on-one instruction in 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 15 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed numeracy; and 1 (b) Written quarterly progress reports provided by the school to a parent or 2 guardian of any student subject to a mathematics improvement plan. The 3 written quarterly progress report for the mathematics improvement plan 4 may be included in the school's existing quarterly student progress report; 5 (9) Beginning in the 2026-2027 school year, if a student's rate of progress toward 6 proficient performance in mathematics needs accelerated interventions as 7 demonstrated by the results of an approved universal screener and mathematics 8 diagnostic assessment, the local school district shall provide: 9 (a) Enrichment programs using evidence-based mathematics instruction and 10 other strategies; 11 (b) Intensive instructional services, progress monitoring measures, and 12 supports; and 13 (c) Parents and legal guardians of students identified for accelerated 14 interventions in mathematics with information on how to encourage 15 mathematics success at home. 16 (10) By September 1, 2025, if funds are available, the department shall establish 17 teacher academies or coaching models for teachers of students in kindergarten 18 through grade eight (8). The teacher academies or coaching models shall be 19 related to evidence-based practices in instruction, instructional materials, and 20 assessment in mathematics. 21 (11) The department shall develop and maintain a web-based resource providing 22 teachers access to: 23 (a) Screening and diagnostic tools, universal screeners, screening processes, 24 and diagnostic assessments; 25 (b) Evidence-based curriculum; 26 (c) High quality instructional resources; and 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 16 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed (d) General supports and lesson plans. 1 (12) The department shall encourage districts to utilize both state and federal funds, 2 as appropriate, to implement a district-wide multitiered system of supports, 3 including high-quality mathematics instruction and instructional resources, 4 evidence-based intervention strategies and materials, aligned curriculum-based 5 professional learning, and ongoing, job-embedded coaching supports. 6 (13) In compliance with 20 U.S.C. sec. 1414(a)(1)(E), screening of a student to 7 determine appropriate instructional strategies for curriculum implementation 8 shall not be considered an evaluation for eligibility for special education and 9 related services, and nothing in this section shall limit a school district from 10 completing an initial evaluation of a student suspected of having a disability. 11 Section 5. KRS 158.842 is amended to read as follows: 12 (1)[ As used in KRS 158.840 to 158.844, unless the context requires otherwise: 13 (a) "Concepts" means mathematical ideas that serve as the basis for 14 understanding mathematics; 15 (b) "Mathematics" means the curriculum of numbers and computations, geometry 16 and measurements, probability and statistics, and algebraic ideas; 17 (c) "Mathematics coach" means a mathematics leader whose primary 18 responsibility is to provide ongoing support for one (1) or more mathematics 19 teachers. The role of the coach is to improve mathematics teaching practices 20 by working with teachers in their classrooms, observing and providing 21 feedback to them, modeling appropriate teaching practices, conducting 22 workshops or institutes, establishing learning communities, and gathering 23 appropriate and useful resources; 24 (d) "Mathematics diagnostic assessment" means an assessment that identifies a 25 student at risk of failure in mathematics or a student with major deficits in 26 numeracy and other mathematical concepts and skills; 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 17 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed (e) "Mathematics intervention program" means an intensive instructional 1 program that is based on valid research and is provided by a highly trained 2 teacher to specifically meet individual students' needs; 3 (f) "Mathematics leader" means any educator with a specialization in 4 mathematics who: 5 1. Serves in a supervisory capacity, such as mathematics department chair, 6 school-based mathematics specialist, or district mathematics supervisor 7 or coordinator; or 8 2. Regularly conducts or facilitates teacher professional development, such 9 as higher education faculty or other mathematics teachers; 10 (g) "Mathematics mentor" means an experienced mathematics coach who 11 typically works with beginning or novice teachers only. The responsibilities 12 and roles of the mentor are the same as those of the coach; 13 (h) "Numeracy" means the development of the basic concepts which include 14 counting, place value, addition and subtraction strategies, multiplication and 15 division strategies, and the concepts of time, money, and length. To be 16 numerate is to have and be able to use appropriate mathematical knowledge, 17 concepts, skills, intuition, and experience in relationship to every day life; 18 (i) "Relationships" means connections of mathematical concepts and skills within 19 mathematics; and 20 (j) "Skills" means actions of mathematics. 21 (2)] The Committee for Mathematics Achievement is hereby created for the purposes of 22 developing a multifaceted strategic plan to improve student achievement in 23 mathematics at all levels of schooling, prekindergarten through postsecondary and 24 adult. At a minimum the plan shall address: 25 (a) Evidence-based[Challenging] curriculum that is aligned prekindergarten 26 through postsecondary, including consensus among high school teachers and 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 18 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed postsecondary education faculty about expectations, curriculum, and 1 assessment; 2 (b) Attitudes and beliefs of teachers about mathematics; 3 (c) Teachers' knowledge of mathematics; 4 (d) Diagnostic assessment, intervention services, universal screeners, and 5 instructional strategies; 6 (e) Shortages of teachers of mathematics, including incentives to attract strong 7 candidates to mathematics teaching; 8 (f) Statewide institutes that prepare cadres of mathematics leaders in local school 9 districts, which may include highly skilled retired mathematics teachers, to 10 serve as coaches and mentors in districts and schools; 11 (g) Cohesive continuing education options for experienced mathematics 12 classroom teachers; 13 (h) Closing the student achievement gap among various student subpopulations; 14 (i) Curriculum expectations and assessments of students among the various 15 school levels, prekindergarten, primary, elementary, middle, and high school; 16 (j) Curriculum expectations and assessments for adult education 17 centers[Content standards for adult education centers providing mathematics 18 curricula]; 19 (k) Introductory postsecondary education mathematics courses that are 20 appropriate to the wide array of academic programs and majors; 21 (l) Research to analyze further the issues of transition from high school or High 22 School Equivalency Diploma programs to postsecondary education 23 mathematics; and 24 (m) The early mathematics testing program under KRS 158.803. 25 Other factors may be included in the strategic plan as deemed appropriate by the 26 committee to improve mathematics achievement of Kentucky students. 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 19 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed (2)[(3)] [In carrying out its responsibility under subsection (2)(f) of this section, the 1 committee shall: 2 (a) Design a statewide professional development program that includes summer 3 mathematics institutes at colleges and universities, follow-up, and school-4 based support services, beginning no later than June 1, 2006, to prepare teams 5 of teachers as coaches and mentors of mathematics at all school levels to 6 improve student achievement. Teachers shall receive training in diagnostic 7 assessment and intervention. The statewide initiative shall be funded, based 8 on available funds, from the Teachers' Professional Growth Fund described in 9 KRS 156.553. The design shall: 10 1. Define the curricula focus; 11 2. Build on the expertise of specific colleges and universities; 12 3. Place emphasis on mathematics concepts, skills and relationships, 13 diagnostic assessment, intervention services, and instructional strategies; 14 4. Identify quality control measures for the delivery of each institute; 15 5. Establish evaluation procedures for the summer institutes and the other 16 professional development components; 17 6. Provide updates and networking opportunities for coaches and mentors 18 throughout the school year; and 19 7. Define other components within the initiative that are necessary to meet 20 the goal of increasing student achievement in mathematics; 21 (b) Require schools and districts approved to have participants in the mathematics 22 leader institutes to provide assurances that: 23 1. The district and schools have, or will develop, local mathematics 24 curricula and assessments that align with state standards for 25 mathematics; 26 2. There is a local commitment to build a cadre of mathematics leaders 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 20 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed within the district; 1 3. The district and participating schools will provide in-school support for 2 coaching and mentoring activities; 3 4. The mathematics teachers are willing to develop classroom assessments 4 that align with state assessments; and 5 5. Students who need modified instructional and intervention services will 6 have opportunity for continuing education services beyond the regular 7 school day, week, or year; and 8 (c) In addition to the conditions specified in paragraph (b) of this subsection, the 9 committee shall make recommendations to the Kentucky Department of 10 Education and the Kentucky Board of Education for criteria to be included in 11 administrative regulations promulgated by the board which define: 12 1. Eligible grant recipients, taking into consideration how this program 13 relates to other funded mathematics initiatives; 14 2. The application process and review; 15 3. The responsibilities of schools and districts, including but not limited to 16 matching funds requirements, released or extended time for coaches and 17 mentors during the school year, continuing education requirements for 18 teachers and administrators in participating schools, data to be collected, 19 and local evaluation requirements; and 20 4. Other recommendations requested by the Kentucky Department of 21 Education. 22 (4) ]The committee shall [initially ]be composed of twenty-three (23)[twenty-five (25)] 23 members as follows: 24 (a) The commissioner of education or his or her designee; 25 (b) The president of the Council on Postsecondary Education or his or her 26 designee; 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 21 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed (c) The president of the Association of Independent Kentucky Colleges and 1 Universities or his or her designee; 2 (d) [The executive director of the Education Professional Standards Board or his 3 or her designee; 4 (e) ]The secretary of the Education and Labor Cabinet or his or her designee; 5 (e)[(f)] Four (4) representatives[A representative] with a specialty in 6 mathematics or mathematics education who have[has] expertise and 7 experience in professional development, especially with coaching and 8 mentoring of teachers, from any of the[each of the nine (9)] public 9 postsecondary education institutions defined in KRS 164.001. The 10 representatives shall be selected by mutual agreement of the president of the 11 Council on Postsecondary Education and the commissioner of education; 12 (f)[(g)] One (1)[Two (2)] adult education mathematics instructor[instructors] 13 selected by the secretary of the Education and Labor Cabinet; 14 (g)[(h)] Two (2) elementary, two (2) middle, and two (2) high school 15 mathematics teachers, appointed by the commissioner of education;[board of 16 the statewide professional education association having the largest paid 17 membership with approval from their respective local principals and 18 superintendents of schools; and] 19 (h)[(i)] Three (3) school administrators or building-level mathematics 20 instructional coaches, with one (1) each representing elementary, middle, and 21 high school, appointed by the commissioner of education;[board of the 22 statewide administrators' association having the largest paid membership with 23 approval from their respective local superintendents of schools.] 24 (i) Two (2) district administrators or district-level mathematics instructional 25 coaches appointed by the commissioner of education; 26 (j) The executive director of[When] the Center for Mathematics created under 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 22 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed KRS 164.525 or his or her designee;[ becomes operational, the executive 1 director of the center shall be added to the committee, which shall then be 2 composed of twenty-six (26) members. Appointments to the committee shall 3 be made no later than thirty (30) days following March 18, 2005, and the first 4 meeting of the committee shall occur no later than thirty (30) days following 5 appointment of the members.] 6 (k) The executive director of AdvanceKentucky or his or her designee; and 7 (l) The executive director of the Partnership Institute for Math and Science 8 Education Reform or his or her designee. 9 (3)[(5)] A majority of the [full ]membership present shall constitute a quorum. 10 (4)[(6)] Each member of the committee, other than members who serve by virtue of 11 their positions, shall serve for a term of three (3) years or until a successor is 12 appointed and qualified[, except that the initial appointments shall be made in the 13 following manner: six (6) members shall serve a one (1) year term, six (6) members 14 shall serve a two (2) year term, and eight (8) members shall serve a three (3) year 15 term]. 16 (5)[(7)] A [temporary chair of the committee shall be appointed prior to the first 17 meeting of the committee through consensus of the president of the Council on 18 Postsecondary Education and the commissioner of education, to serve ninety (90) 19 days after his or her appointment. Prior to the end of the ninety (90) days, the 20 committee shall elect a chair by majority vote. The temporary chair may be a 21 nominee for the chair by majority vote. Thereafter, a ]chair of the committee shall 22 be elected each calendar year. An individual may not serve as chair for more than 23 three (3) consecutive years. The chair shall be the presiding officer of the 24 committee, and coordinate the functions and activities of the committee. 25 (6)[(8)] The committee shall be attached to the Kentucky Department of Education for 26 administrative purposes. The commissioner of education shall[may] contract with a 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 23 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed mathematics-trained professional to provide part-time staff support to the 1 committee. The commissioner of education and the president of the council shall 2 reach consensus in the selection of a person to fill the position. The person selected 3 shall have a graduate degree, a mathematics or mathematics education major, and 4 teaching or administrative experience in elementary and secondary education. The 5 person shall not be a current employee of any entity represented on the committee. 6 The department shall provide office space and other resources necessary to support 7 the staff position and the work of the committee. 8 (7)[(9)] The committee, under the leadership of the chair, may organize itself into 9 appropriate subcommittees and work structures to accomplish the purposes of the 10 committee. 11 (8)[(10)] Members of the committee shall serve without compensation but shall be 12 reimbursed for necessary travel and expenses while attending meetings at the same 13 per diem rate promulgated in administrative regulation for state employees under 14 provisions of KRS Chapter 45. Funds shall be provided school districts to cover the 15 cost of substitute teachers for those teachers on the committee at each district's 16 established rate for substitute teachers. 17 (9)[(11)] If a vacancy occurs within the committee during its duration, the vacancy 18 shall be filled in the same manner as set forth in the original appointment[board 19 of the statewide professional education association having the largest paid 20 membership or the board of the statewide administrators association having the 21 largest paid membership or the president of the Council on Postsecondary 22 Education, as appropriate, shall appoint a person to fill the vacancy]. 23 (10)[(12)] The committee shall[: 24 (a) Present a draft strategic plan addressing the requirements in subsection (1) of 25 this section and other issues that arose during the work of the committee to the 26 Education Assessment and Accountability Review Subcommittee no later 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 24 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed than August 2005; 1 (b) Present the strategic plan for improving mathematics achievement to the 2 Interim Joint Committee on Education by July 15, 2006, which shall include 3 any recommendations that require legislative action; and 4 (c) ] provide a final written report of committee activities and progress regarding 5 the strategic plan required under subsection (1) of this section to the Interim 6 Joint Committee on Education and the Legislative Research Commission by 7 May 1, 2025[December 1, 2006]. 8 (11)[(13)] The committee shall have ongoing responsibility for providing advice and 9 guidance to policymakers in the development of statewide policies and in the 10 identification and allocation of resources to improve mathematics achievement. In 11 carrying out this responsibility, the committee shall periodically review the strategic 12 plan and make modifications as deemed appropriate and report those to the Interim 13 Joint Committee on Education. 14 (12)[(14)] The committee shall collaborate with the Center for Mathematics to ensure 15 that there is ongoing identification of research and evidence-based intervention 16 programs for K-12 students who have fallen behind in mathematics, rigorous 17 mathematics curricula that prepare students for the next level of schooling, research 18 and evidence-based professional development models that prepare teachers in 19 mathematics and pedagogy, and strategies for closing the gap between high school 20 or a High School Equivalency Diploma program and postsecondary mathematics 21 preparation. 22 SECTION 6. A NEW SECTION OF KRS 158.840 TO 158.844 IS CREATED 23 TO READ AS FOLLOWS: 24 (1) The Kentucky numeracy counts fund is hereby created for the purpose of training 25 and supporting teachers to improve the mathematics content and practices of 26 students in kindergarten through grade eight (8), as set forth in subsection (2) of 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 25 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed this section and subsection (12) of Section 4 of this Act. The fund shall consist of 1 all moneys received from state appropriations, gifts, grants, and federal funds for 2 this purpose. The department shall administer the fund. 3 (2) The department shall implement teacher professional learning academies related 4 to evidence-based practices in instruction, instructional materials, and 5 assessment in mathematics using moneys appropriated to or otherwise received 6 by the Kentucky numeracy counts fund. 7 (3) The department shall create a mathematics coaching program using moneys 8 appropriated to or otherwise received by the Kentucky numeracy counts fund. 9 The program shall: 10 (a) Use data coaches to improve mathematics instruction and intervention; 11 (b) Determine the effectiveness of intensive data-focused professional 12 development; and 13 (c) Provide expert support in mathematics instruction and intervention. 14 (4) (a) The department shall provide grants to local school districts and public 15 charter schools. The grant shall only be used to purchase approved high-16 quality research and evidence-based curriculum aligned to kindergarten 17 through grade three (3) academic standards in mathematics and 18 expenditures for curriculum-based professional learning to implement new 19 curriculum. 20 (b) To be eligible to receive a grant, a local school district or public charter 21 school shall: 22 1. Submit an application in accordance with paragraph (c) of this 23 subsection; and 24 2. Agree to adopt a common comprehensive mathematics program that is 25 determined by the department to be reliable, valid, and aligned to 26 mathematics standards required by KRS 158.6453 and outlined in an 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 26 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed administrative regulation promulgated by the Kentucky Board of 1 Education. 2 (c) Local school districts shall submit applications that include a district-wide 3 plan and public charter schools shall submit applications that include a 4 school plan for implementation of mathematics curriculum that includes: 5 1. How the district or public charter school will implement the new 6 curriculum by school and by grade level; and 7 2. The timeline for the rollout of upgraded curriculum materials for core 8 instruction in classrooms. 9 (d) Available grant funding shall be distributed to eligible applicants based on a 10 rubric developed by the department. The rubric shall consider the 11 information provided in accordance with paragraphs (b) and (c) of this 12 subsection and prioritize applications from local school districts or public 13 charter schools: 14 1. In which more than fifty percent (50%) of the enrolled students scored 15 below the statewide average on the statewide assessments in 16 mathematics administered for the preceding school year; 17 2. With the greatest need for financial assistance; and 18 3. That propose comprehensive plans most likely to increase student 19 achievement in mathematics. 20 (e) The department shall distribute the awarded grant money to a public 21 charter school authorizer, and the authorizer shall distribute one hundred 22 percent (100%) of the grant money to the charter school. 23 (5) Notwithstanding the provisions of KRS 45.229, unexpended funds in the 24 Kentucky numeracy counts fund shall not lapse but shall carry forward to the 25 next fiscal year and shall be used for the purposes established in this section. 26 (6) Any interest earned on moneys in the fund shall become part of the fund and 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 27 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed shall not lapse. 1 SECTION 7. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 2 BE NUMBERED AS KRS 164.3061 AND TO READ AS FOLLOWS: 3 (1) As used in this section, "department" means the Kentucky Department of 4 Education. 5 (2) Beginning with the 2025-2026 school year, postsecondary institutions offering 6 teacher preparation programs for elementary regular education shall include 7 kindergarten through grade three (3) evidence-based instructional strategies, 8 department-identified valid and reliable high-quality resources for mathematics 9 instruction related to Section 4 of this Act, and: 10 (a) Evidence-based instructional strategies determined by the department to be 11 effective at improving student learning for the range of students in their 12 classrooms, including students needing to make progress toward 13 proficiency, exceptional students, and students who are multilingual 14 learners; 15 (b) High-quality instructional resources as determined by the department to be 16 effective at improving student learning for the range of students in their 17 classrooms, including students needing to make progress toward 18 proficiency, exceptional students, and students who are multilingual 19 learners; 20 (c) The use of a range of assessment data for designing instruction and 21 intervention; 22 (d) Progress monitoring of student performance; and 23 (e) Field experience and student teaching placements with teachers that model, 24 and supervisors with knowledge of, paragraphs (a) to (d) of this subsection. 25 (3) By January 1, 2025, the Education Professional Standards Board shall: 26 (a) Develop and maintain a list of approved teacher preparation assessments 27 UNOFFICIAL COPY 24 RS HB 162/EN Page 28 of 28 HB016220.100 - 880 - XXXX 4/15/2024 3:18 PM Engrossed that are determined by the board to be an effective evaluation of 1 mathematics instruction, content and practice standards, and skills; and 2 (b) Develop an evaluation rubric for observing teacher candidates with focus 3 on mathematics content and pedagogical knowledge. 4 (4) The Education Professional Standards Board shall report program data to an 5 external evaluator for analysis of postsecondary teacher preparation programs 6 with the goal of using the results to help increase the success of new teacher 7 candidates in demonstrating mathematics instruction, content knowledge, and 8 skills. 9 (5) The Education Professional Standards Board shall report to the Legislative 10 Research Commission for referral to the Interim Joint Committee on Education 11 the results provided by the external evaluator's analysis and data on all 12 assessments required for certification, including the number of students testing, 13 the number of students passing, and the number of times an individual student 14 takes a test prior to passing. 15 Section 8. This Act may be cited as the Kentucky Numeracy Counts Act. 16 Section 9. There is hereby appropriated General Fund moneys in the amount of 17 $5,000,000 in fiscal year 2024-2025 and $5,000,000 in fiscal year 2025-2026 to the 18 Kentucky numeracy counts fund established in Section 6 of this Act. 19